Hutton Inquiry

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Falconer of Thoroton, on 11 February (WA 155), what has been the approximate total public expenditure in relation to Lord Hutton's inquiry, and whether they will estimate when they will publish a breakdown of the costs of the inquiry.

Lord Falconer of Thoroton: The cost will be published as soon as it is available.

House of Lords: Elected Hereditary Peers

Lord Bowness: asked Her Majesty's Government:
	Further to the Statement by the Lord Falconer of Thoroton on 18 September 2003 (HL Deb, cols. 1057–60) on constitutional reform, how many elected hereditary Peers they intend should remain in the House of Lords; and by what mechanism they will be selected and nominated.

Lord Falconer of Thoroton: The Government strongly believe that the hereditary principle should no longer play a part in deciding who sits in the second chamber and set out their intention to bring forward legislation to remove the remaining 92 hereditary peers from the House of Lords in their consultation paper Constitutional reform: next steps for the House of Lords. I made clear in my Statement on 18 September that the Government would like to see the House of Lords benefit from the contribution of at least some of the existing hereditary Peers "should they be nominated as life Peers in the future" [col. 1058].

Law Officers: Disclosure of Advice to Government

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the disclosure to the courts in the Factortame litigation of the advice given by the law officers of the Crown to the Government about the compatibility of the Merchant Shipping Bill with European Community law was in accordance with constitutional convention.

Lord Goldsmith: Yes. The longstanding convention, observed by successive governments, that the fact of and substance of the law officers' advice is not disclosed outside government is not an absolute rule, although exceptions to it are rare.

Law Officers: Disclosure of Advice to Government

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the publication of an excerpt from the advice given by the Attorney General on the legality of the invasion of Iraq was in accordance with constitutional convention.

Lord Goldsmith: The statement that I made on 17 March 2003 setting out my view of the legal basis for the use of force against Iraq was not an "excerpt from" my advice to government. The statement that I made was in accordance with constitutional convention. The longstanding convention, observed by successive governments, that the fact of and substance of the law officers' advice is not disclosed outside government is not an absolute rule, although exceptions to it are rare.

Business Responsibility

Lord Hylton: asked Her Majesty's Government:
	What is their policy on United Nations Norms on Business Responsibility, in particular the International Labour Organisation Core Labour Standards.

Baroness Symons of Vernham Dean: The Government are strong supporters of responsible business behaviour and are actively involved in initiatives to promote this.
	The draft United Nations Norms on Business Responsibility raise complex issues because they purport to make business directly responsible for human rights. It is however, states which have obligations under applicable international human rights law to ensure human rights to everyone within their territory and jurisdiction. We are discussing with other members of the UN Commission on Human Rights (UNCHR) how to handle this issue when the draft norms are submitted to the forthcoming annual session of the UNCHR.
	The UK fully supports and promotes the 1998 International Labour Organisation Declaration on Fundamental Principles and Rights at Work, which provides a framework of international rights for workers through the internationally agreed core labour standards.

Afghanistan: Legal System

Lord Avebury: asked Her Majesty's Government:
	What assistance they are giving to the Government of Afghanistan on capacity-building and institutional support in the legal sector, including the participation of women.

Baroness Symons of Vernham Dean: Italy and the United Nations Development Programme (UNDP) lead on judicial reform in Afghanistan, in conjunction with the Afghan Ministry of Justice.
	The UK contributed £1 million in 2002–03 to the UNDP judicial reform programme. The UK also provided £1 million in 2002–03 to the Afghan Independent Human Rights Commission, whose Women's Rights Unit is working to ensure women's participation in political life and the reconstruction process.

Hong Kong

Lord Hylton: asked Her Majesty's Government:
	How they intend to ensure that the people of Hong Kong continue to enjoy a high degree of autonomy and obtain full democratic rights by 2007, in accordance with relevant international agreements.

Baroness Symons of Vernham Dean: We continue to follow developments in Hong Kong closely, to ensure adherence to the principles of the 1984 Sino-British Joint Declaration on Hong Kong, which promised a high degree of autonomy for the Hong Kong Special Administrative Region (SAR) except in foreign and defence affairs. My right honourable friend the Foreign Secretary continues to report regularly to Parliament on the implementation of the joint declaration. The last such report, covering the period 1 July to 31 December 2003, was published on 24 February (Cmnd 6125). As the report makes clear, our overall assessment is that, generally, "one country, two systems" continues to work well in practice. Where we have had concerns since the handover that the principles of the joint declaration might be undermined, we have raised them with the SAR Government, or Beijing, as appropriate.
	The joint declaration does not guarantee full democracy for Hong Kong by 2007, nor indeed by any date. There are provisions on democracy in the Basic Law of the Hong Kong SAP, in effect Hong Kong's mini-constitution. The Basic Law states that if there is a need to amend the methods for selecting the Chief Executive for the terms subsequent to 2007 and for forming the Legislative Council after 2007, then such amendments must be made with the endorsement of a two-thirds majority of all the members of the Legislative Council and the consent of the Chief Executive. Any such amendments must be reported to the Standing Committee of the Chinese National People's Congress for approval (in the case of the Chief Executive) or for the record (in the case of the Legislative Council).
	The Basic Law also states that the methods for selecting the Chief Executive and forming the Legislative Council "shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress". The "ultimate aim" is the selection of the Chief Executive and election of all members of the Legislative Council by universal suffrage (and, in the case of the Chief Executive, upon nomination by a broadly representative nominating committee in accordance with democratic procedures).
	On 7 January the Hong Kong Chief Executive announced the setting up of a task force headed by the Chief Secretary to examine the Basic Law's provisions on constitutional reform and to consult the Chinese Central People's Government before taking matters further. The task force has held meetings with various groups in Hong Kong to ascertain views and has visited Beijing to hold preliminary discussions on the principles and procedures of the Basic Law with officials from the Central People's Government.
	Our position on constitutional reform in Hong Kong has been consistent and was most recently restated in the report to Parliament (Cmnd 6125): we hope to see early progress towards the Basic Law's ultimate aims of the selection of the Chief Executive and the election of all members of the Legislative Council by universal suffrage, at a pace in line with the wishes of the people of Hong Kong.

United Nations Offices: Surveillance

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether there are international legal rules forbidding surveillance on communications to and from United Nations offices and the homes of foreign ambassadors; and, if so, whether the Government are bound to comply with those rules.

Baroness Symons of Vernham Dean: The Convention on the Privileges and Immunities of the United Nations of 1946, to which the United Kingdom is a party, sets out certain privileges and immunities enjoyed by the United Nations. The Vienna Convention on Diplomatic Relations provides for certain privileges and immunities for, inter alia, the residences of diplomatic agents. Like all other governments who are parties, Her Majesty's Government are under an obligation to comply with both of these conventions in accordance with international law.

Serbia and Montenegro

Lord Astor of Hever: asked Her Majesty's Government:
	What is their view of the security situation in Serbia and Montenegro following the parliamentary elections on 28 December 2003.

Baroness Symons of Vernham Dean: The security situation in Serbia and Montenegro is stable. The Organisation for Security and Co-operation in Europe's election observation mission reported that Serbian parliamentary elections were conducted in a free and fair manner. In February, there were some isolated security incidents in south Serbia and Kosovo but these were largely related to the specific political processes in these regions.
	Serbia has experienced a degree of instability in recent months, especially following parliamentary elections in December. This has delayed reform and efforts to implement the Serbia and Montenegro state union. We urge the new coalition Government in Belgrade and the Montenegro Government to increase the pace of reform. In particular, co-operation with the International Criminal Tribunal for the former Yugoslavia is vital, as is constructive engagement over Kosovo. This will ensure progress toward Euro-Atlantic integration and contribute to regional stability.

Bosnia and Herzegovina

Lord Astor of Hever: asked Her Majesty's Government:
	Given the European Council statement of 12 December 2003 confirming the European Union's readiness for a European security and defence policy (ESDP) mission in Bosnia and Herzegovina, what role that mission will play in apprehending alleged war criminals.

Baroness Symons of Vernham Dean: The international community is committed to supporting the efforts of the International Criminal Tribunal for the Former Yugoslavia in its efforts to bring to justice all indicted war criminals. We hope there will be significant progress in the coming months. We would fully expect the proposed EU-led force to play its role in this effort, as will NATO, if there are any indicted war criminals who have not been detained by the time the proposed EU-led force deploys.

Dependent Territories: Human Rights

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Which British dependent territories do not have guarantees of human rights in their written constitutions.

Baroness Symons of Vernham Dean: The territories concerned are:
	British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Pitcairn, St Helena and Dependencies, South Georgia and the South Sandwich Islands and the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus.

Chechnya: Political Asylum

Lord Russell-Johnston: asked Her Majesty's Government:
	Whether they have a policy regarding refugees from the Chechen wars seeking political asylum.

Baroness Scotland of Asthal: Chechnya is regarded as an integral part of the Russian Federation. Applications from those (including Chechens) seeking asylum as a result of the conflict in Chechnya are considered individually on their merits, in accordance with our obligations under the 1951 United Nations Refugee Convention (UNRC). Full account is taken of objective country information about the situation for Chechens including the ability of the individual concerned to reside in other parts of the Russian Federation.

Critical National Infrastructure:Threat of Cyber-terrorism

Lord Harris of Haringey: asked Her Majesty's Government:
	What assessments they have made of the potential vulnerability of the critical national infrastructure to systematic cyber-attack by terrorists or organised crime; and what initiatives they have taken to protect it.

Baroness Scotland of Asthal: The National Infrastructure Security Co-ordination Centre (NISCC) is continually monitoring the threat of electronic attack against the UK's critical national infrastructure. NISCC has assessed that the threat of the sort of attack that could disable a critical service is low. Less serious, but damaging and costly attacks that might, for example, deface a website or deny service, are more likely.
	Although the Government have well established defences, we are not complacent and the overall programme of NISCC work includes assuring the security of government systems, working with the private sector to improve the protection of its critical systems, raising awareness generally and opening dialogue with international partners.

Critical National Infrastructure:Threat of Cyber-terrorism

Lord Harris of Haringey: asked Her Majesty's Government:
	Which department is responsible for (a) protecting the computers and networks of the critical national infrastructure from systematic attack by an organised adversary; (b) preparing a national defence plan against such an attack; (c) directing the national response to any such attack; and (d) managing the reconstitution of the CNI in the event of it being extensively damaged following such an attack.

Baroness Scotland of Asthal: The Home Secretary has overall responsibility for the protection of the critical national infrastructure (CNI). It is the responsibility of the companies and organisations that make up the CNI to ensure that their systems are adequately protected from attack. They are offered extensive assistance in the task by the National Infrastructure Security Co-ordination Centre. This is an inter-departmental organisation which reports directly to the Home Secretary and which is charged with minimising the threat of electronic attack against the CNI, investigating and assessing threats, promoting protection and assurance, and responding to incidents.

Critical National Infrastructure:Threat of Cyber-terrorism

Lord Harris of Haringey: asked Her Majesty's Government:
	What is the national capability to (a) quickly detect a systematic attack on the computers and networks of the critical national infrastructure; (b) assess the manner and magnitude of such an attack; and (c) alert those responsible to the need for protection against the attack and what action to take.

Baroness Scotland of Asthal: The National Infrastructure Security Co-ordination Centre (NISCC) is responsible for minimising the risk of electronic attack against the critical national infrastructure (CNI). It works closely with government and private sector organisations which make up the CNI. NISCC undertakes the investigation, analysis and assessment of current and potential threats. It provides a 24-hour, seven day a week service for alerting CNI organisations to vulnerabilities in software and associated systems which could be exploited in an electronic attack. Such alerts are communicated directly to stakeholders and made immediately available on the NISCC website.

Iraq: People Captured by British Forces

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Bach on 8 September 2003 (WA 45), how many of the 22 persons held at that date for imperative reasons of security are now still being held; where they are held; how many have been handed to the Iraqi judicial system; and how many are interned on the basis of intelligence material which is considered to make their case unsuitable for trial.

Lord Bach: Of the 22 persons interned prior to 15 July who were still being held for imperative reasons of security on 8 September two remain at the United Kingdom's detention facility in Shaibah. Both are being held on the basis of intelligence material that justifies internment. Three have been handed over to the Iraqi authorities and 17 have been released.

Ministry of Defence: Right to Roam

Lord Astor of Hever: asked Her Majesty's Government:
	What agreements have been reached between the Department for Environment, Food and Rural Affairs and the Ministry of Defence on the right to roam on Ministry of Defence training land.

Lord Bach: The Ministry of Defence, as one of Britain's largest rural landowners, with training estates and ranges across the country, is making preparations for the introduction of the open access right to roam under the Countryside and Rights of Way (CROW) Act 2000. MoD officials are in discussion with their counterparts in the Department for Environment, Food and Rural Affairs and other agencies and organisations on ways in which they can enhance public access whenever this is compatible with public safety, security and the interests of conservation and tenants.
	Under the CROW Act the new right of access will apply to all MoD training land which has been mapped as open country or registered common land by the Countryside Agency and the Countryside Council for Wales, except where the use of such land is regulated by the byelaws under Section 14 of the Military Lands Act 1982 or Section 2 of the Military Lands Act 1900.

Ice Patrol Ship "Endurance"

Lord Astor of Hever: asked Her Majesty's Government:
	What reasons have been found for the crash of the Royal Navy Lynx helicopter from the ice patrol ship "Endurance" on 8 February.

Lord Bach: We cannot yet say what caused the Lynx helicopter to crash. A Service board of inquiry has been convened to investigate the circumstances surrounding the incident and the Royal Navy Flight Safety and Accident Investigation Centre is carrying out an air accident investigation.
	A copy of the military air accident summary will be placed in the Library of the House when the Royal Navy Flight Safety and Accident Investigation Centre has completed its investigation.

Maritime Airborne Surveillance and Control

Lord Astor of Hever: asked Her Majesty's Government:
	When a decision will be taken on the procurement of the Maritime Airborne Surveillance and Control platform for the carrier air group, and how this will influence the timing of the decision for the final aircraft carrier design.

Lord Bach: We are continuing to refine our plans for the maritime airborne surveillance and control (MASC) programme and currently expect to take the main investment decision towards the end of the decade. This will be preceded by an assessment phase. The MASC and future carrier (CVF) programmes are structured to allow decisions on the aircraft carrier design to proceed as the MASC solution envolves. Work continues to investigate all potential MASC solutions that are compatible with the CVF.

Audit Commission: Strategic Regulation

Lord Freeman: asked Her Majesty's Government:
	What progress has been made in implementing the conclusions of the report of the Audit Commission of November 2003 entitled Strategic Regulation.

Lord Rooker: The Audit Commission's report on Strategic Regulation proposed to reduce the regulatory burden on audited and inspected bodies by stopping or reshaping activities where the benefits do not outweigh the costs. Furthermore, it proposed to reduce fees to local government over the next two years by 12 per cent.
	It also made recommendations to remove the statutory requirement to audit best value performance plans (BVPPs). The Government are keen to explore opportunities to minimise any burden that may be associated with the audit of BVPPs. We intend to discuss the detailed implications of this proposal with the Audit Commission shortly.
	These recommendations have been included in the Audit Commission's strategic plan, which is still in consultation with ODPM Ministers.
	The Audit Commission consulted on the strategic regulation report. From the feedback received the commission has formulated a new code of audit practice. This is being drafted for consultation.

Overseas Dentists

Lord Colwyn: asked Her Majesty's Government:
	What are the countries of origin of those overseas dentists who registered last year to practise dentistry in England and Wales; and what is their current policy towards encouraging foreign dentists to practise in England and Wales.

Lord Warner: In the past year, dentists registered with the General Dental Council from: Australia, Belgium, Denmark, France, Finland, Germany, Greece, Hong Kong, Iceland, Ireland, Italy, Malaysia, Netherlands, New Zealand, Norway, Portugal, Singapore, South Africa, Spain and Sweden. These dentists make an important contribution to dental care in the United Kingdom, which we continue to encourage. In particular, we intend to extend current international recruitment activity for other groups of healthcare professionals to encourage more dentists to come and work in England.

Overseas Dentists

Lord Colwyn: asked Her Majesty's Government:
	What discussions they have had with European Union accession countries regarding the movement of dental personnel to the United Kingdom.

Lord Warner: With effect from 1 May 2004, dentists in the accession states will benefit from automatic recognition of their qualifications where their training meets specified minimum requirements set by the European Commission. We would be happy to support dentists in these countries who wish to work in the United Kingdom. However, we would enter into agreements only with those countries that were happy for us to actively recruit dentists. We intend to make inquiries of the health departments of some of these countries.

Chronically Sick and Disabled Persons Act 2000: Section 2

Lord Morris of Manchester: asked Her Majesty's Government:
	How many people received help provided by local authorities under the provisions of Section 2 of the Chronically Sick and Disabled Persons Act 1970 in each of the past 10 years for which figures are available.

Lord Warner: The table shows the estimated number of adults aged 18 and over with physical, sensory and learning disabilities receiving services following a community care assessment in England for the years 2000–01 to 2002–03.
	
		Estimated number of adults aged 18 and over with physical, sensory and learning disabilities receiving services following a community care assessment in England for the years 2000–01 to 2002–03 -- Thousands
		
			  Total number of clients receiving services(1) Community based  services(2) 
			 2000–01 1,238.7 1,066.1 
			 2001–02 1,306.5 1,105.3 
			 2002–03(3) 1,330.9 1,125.0 
		
	
	Source:
	Referrals, Assessments and Packages of Care (RAP) TABLE P1.1
	Note:
	(1) This includes residential care and community-based services.
	(2) Community-based services includes day care, meals, respite care, direct payments, professional support, transport and equipment as well as home care.
	(3) Data includes clients formerly in receipt of preserved rights.

Mixed-Sex Wards

Baroness Noakes: asked Her Majesty's Government:
	How many adult wards in the Kent and Sussex National Health Service Trust are operated on a mixed-sex basis; and what proportion of all adult wards in that trust, other than maternity wards, that represents; and
	How many patients were in mixed-sex adult wards in the Kent and Sussex National Health Service Trust on 1 March 2004; and how many patients on each such ward were (a) male; and (b) female.

Lord Warner: We are unable to ascertain the trust which the noble Baroness is referring. There is not a trust called Kent and Sussex National Health Service Trust. The information requested is also not available in the form requested, as ward-level data are not collected centrally. However, compliance with the Department of Health's objectives to eliminate mixed-sex accommodation is measured at trust level.

Alcohol Harm Reduction Strategy

Lord Avebury: asked Her Majesty's Government:
	Whether, given that the Prime Minister's Strategy Unit estimated in its interim analytical report on alcohol-related harm of September 2003 that 35 per cent of all accident and emergency attendance and ambulance costs are alcohol-related, they will ask hospital authorities to keep records similar to those used in that estimate, so that the effects of changes in national policies for reducing alcohol-related harm can be effectively monitored.

Lord Warner: The Government's alcohol harm reduction strategy is currently under development. Monitoring will be considered as part of this development work.

Physical Education Teachers

Lord Moynihan: asked Her Majesty's Government:
	How many specialist physical education primary and secondary teachers were employed in schools in England for each year since 1999–2000; and how the figures break down on a regional basis.

Baroness Ashton of Upholland: The data are not available in the form requested. We estimate that, in November 2002, there were 21,400 specialist teachers of physical education in full-time service in maintained secondary schools in England. Data on the number of physical education teachers in maintained primary schools are not collected centrally.

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will publish their project initation document referred to in Freedom of Information (annual report on bringing fully into force those provisions of the Freedom of Information Act 2000 which are not yet fully in force) November 2003.

Lord Filkin: The Department for Constitutional Affairs' project initation document on implementation of the Freedom of Information Act will be published on the department's website, www.dca.gov.uk, in March 2004. Copies will also be made available in the Library of both Houses.

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Which departments have not produced detailed training plans for their staff under the Freedom of Information Act 2000.

Lord Filkin: The most recent annual report on implementation of the Freedom of Information Act, published in November 2003, includes a progress report on cultural change, training and awareness. The report states that a majority of departments have begun the first stages of their training programmes and many are embarking on a training needs analysis to examine precisely what training will be required. Some departments have already produced detailed training plans for their staff and all are confident that by 2005 all staff will have received Freedom of Information training in one form or another. The report goes on to provide a number of examples of departmental FOI training.
	Since the end of 2003, I have been holding bilateral meetings to discuss departments' preparations for full implementation of the 2000 Act. Bilateral meetings have been held with Ministers responsible for implementing freedom of information in the following departments:
	Cabinet Office;
	Department for Culture, Media and Sport;
	Department for Education and Skills;
	Department for the Environment, Food and Rural Affairs;
	Department of Health;
	Department for International Development;
	Department of Trade and Industry;
	Department for Transport;
	Department for Work and Pensions;
	Foreign and Commonwealth Office;
	Home Office;
	Ministry of Defence;
	Northern Ireland Office; and
	The Office of the Deputy Prime Minister.
	In addition, I am due to host a bilateral with my ministerial colleague from HM Treasury on 10 March.
	On the basis of the information I have seen, I am satisfied that all departments are taking steps both to raise general awareness about the Freedom of Information Act 2000 and to give detailed training to staff as appropriate.

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	When they will publish a model action plan on the implementation of the Freedom of Information Act 2000 for use across the public sector.

Lord Filkin: The department published the model action plan for the preparation for the implementation of the Freedom of Information Act in December 2003. It is aimed at all public authorities covered by the Act. Copies have been placed in the Library of both Houses, and are available on the department's website.

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will publish the Information Commissioner's project plan referred to in paragraph 3.1.2 of the Freedom of Information (Annual report of bringing fully into force those provisions of the Freedom of Information Act 2000 which are not yet fully in force) November 2003.

Lord Filkin: The Information Commissioner's project plan features as part of the Information Commissioner's publication scheme. It is also available on the commissioner's website: www.information commissioner.gov.uk/eventual.aspx?id=4044

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will publish the minutes of proceedings of the Advisory Group on Implementation of the Freedom of Information Act 2000.

Lord Filkin: Minutes of the proceedings of the Advisory Group on Implementation of the Freedom of Information Act 2000 feature as part of the department's publication scheme in the class: "Agendas, papers and minutes of the meetings of the Lord Chancellor's Advisory Group on Implementation of the Freedom of Information Act 2000."
	They are also available on the department's website: www.dca.gov.uk/foi/map/modactplan.htm

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What measures they will take to ensure that, where government departments and other public authorities within the scope of the Freedom of Information Act 2000 decide not to supply information to the public free of charge, they will impose only charges in respect of costs reasonably attributable to the supply of information, and will make publicly available details of the charges to be levied.

Lord Filkin: The Government will make regulations under the Act in relation to fees as prescribed by the Act. It will be for the Information Commissioner to adjudicate on complaints that public authorities, including government departments, have instituted charges not in compliance with the regulations. Any charges that are levied will be a matter between the public authority and the applicant and the Government have no plans to require that these be made public. However, my department will be monitoring government departments' performance in relation to compliance with the Freedom of Information Act. Data on fees will be collected as part of this.

Asylum and Immigration (Treatment of Claimants, etc.) Bill: Clause 11

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether the senior judiciary and the Immigration Appeal Authority have expressed their views on the proposal in Clause 11 of the Asylum and Immigration (Treatment of Claimants, etc.) Bill to remove judicial review of the decisions of the proposed Asylum and Immigration Tribunal; and, if so, what views have been expressed.

Lord Filkin: The senior judiciary and the Immigration Appellate Authority (IAA) are aware of our plans for the new single tier Asylum and Immigration Tribunal (AIT), and we have consulted them throughout the policy process. Those consultations were in confidence.

Election Broadcasts

Lord Greaves: asked Her Majesty's Government:
	Whether in regions which will have all-postal ballots for the European and local elections on 10 June, arrangements will be made for all party political broadcasts to be transmitted on a regional basis before the date of despatch of the ballot papers.

Lord Filkin: This is a matter for the broadcasting authorities to decide.
	Broadcasters must, by statute, have regard to the Electoral Commission's views when determining their rules or policy for election broadcasts.
	The Electoral Commission considered this aspect in making its recommendations for pilot regions. It stated that "Given the difficulties that would be faced by any suggestion to tailor party election broadcast schedules to the pilot scheme timetable, the commission does not consider this to be a factor that should be given particular weight."

Habitual Residence Test

Earl Russell: asked Her Majesty's Government:
	Whether they will give details of the changes in the habitual residence test referred to in the statement by the Baroness Scotland of Asthal on 23 February (HL Deb, cols. 29–32).

Baroness Hollis of Heigham: In the Nationality, Immigration and Asylum Act 2002, my right honourable friend the Home Secretary introduced measures to restrict the financial support available to European economic area citizens who failed the habitual residence test (HRT). This means that local authorities can normally pay only for travel costs home for an individual or, if the person has dependent children, temporary accommodation until travel can be arranged.
	There have been no other changes in the HRT. However, the Government intend to introduce measures to ensure that nationals of accession states who are in the UK but who cannot find work, or will not work, will not have access to income support, income-based jobseeker's allowance, pension credit, housing benefit and council tax benefit. After 12 months of working legally without interruption, citizens of these EU accession states will be entitled to the full range of UK benefits.
	These measures will build on those in the Nationality, Immigration and Asylum Act 2002 to prevent certain classes of ineligible person obtaining support or assistance.

Micro Combined Heat and Power Systems: VAT

Lord Ezra: asked Her Majesty's Government:
	Whether there is any legal reason why VAT cannot be reduced to 5 per cent on the supply and installation by contractors of micro combined heat and power systems; and
	Whether the law that permitted VAT to be reduced to 5 per cent on micro combined heat and power systems supplied and installed by contractors as a result of grant schemes will also permit VAT to be similarly reduced on the supply and installation of such systems by contractors not as part of grant schemes.

Lord McIntosh of Haringey: Under the European Union's sixth VAT directive member states are permitted to introduce a reduced rate of VAT for the "supply, construction, renovation and alteration of housing provided as part of a social policy". The Government have used this provision to introduce a reduced VAT rate of 5 per cent in UK law for certain contractor-installed energy-saving materials, and grant-funded installation of central heating systems, heating appliances, factory-insulated hot water tanks, micro-CHP and renewable energy heating systems.
	The Chancellor takes into account legal issues alongside a range of social, economic and environmental factors when considering tax changes as part of the normal Budget process. A further announcement on measures to promote domestic energy-efficiency will be made in this year's Budget.

Tax Credits: Citizens of EU Accession States

Baroness Barker: asked Her Majesty's Government:
	Whether tax credits, including child tax credits, will be available for persons entering the United Kingdom from the 10 new European Union countries after 1 May.

Lord McIntosh of Haringey: In the same way that citizens of the EU accession states who are not working will not have access to other forms of support, tax credits and child benefit will be available only to those who are working.

Public Sector Efficiency Review

Lord Freeman: asked Her Majesty's Government:
	When they intend to publish the review of efficiency of government expenditure by Peter Gershon.

Lord McIntosh of Haringey: Sir Peter Gershon has been asked to undertake an independent review of efficiency in the public sector, and is currently working with departments to identify efficiency proposals for consideration in the 2004 spending review. His final report will be published in parallel with the spending review settlement.

Hyde Park

Lord Berkeley: asked Her Majesty's Government:
	Further to the Written Answer by the Lord McIntosh of Haringey on 7 July 2003 (WA 13), why the grass in Hyde Park has still not been reinstated and the land returned to public use following the closure of the "Star Trek" exhibition on 27 April 2003; and what has been the total cost of the reinstatement to date.

Lord McIntosh of Haringey: The reinstatement of the Parade Ground following the "Star Trek" exhibition was undertaken in late spring and opened to the public in late June 2003. This work included renewing drainage, levelling and restoring the underlying structure of the soil and re-seeding the area. Unfortunately, as a result of heavy rain followed by an exceptionally hot dry summer, the seeded areas did not survive and weather conditions since prevented any further work to remedy this until the new year.
	Because the Parade Ground was in a very bad state prior to the exhibition, we decided fully to refurbish a larger area than that covered by the "Star Trek" site. This is the work that has been taking place over the past two months. It is now complete and will be reopened to the public as soon as the turf has established.
	The total cost to date has been around £90,000 and the final cost is expected to be around £100,000. All of this will be met from the bond the Royal Parks received from the "Star Trek" organisers as a condition of their agreement to the exhibition.

UK Sport

Lord Moynihan: asked Her Majesty's Government:
	What sum of money was paid to UK Sport's former chief executive, Richard Callicott, upon the termination of his contract; and what contractual conditions have been placed upon the receipt of such payment.

Lord McIntosh of Haringey: I refer the noble Lord to the Answer I gave to him on 20 January (Official Report, col. WA 133). The position has not changed since that Answer was given.

UK Sport: Lottery Funding

Lord Moynihan: asked Her Majesty's Government:
	What is the projected lottery funding to UK Sport for each financial year from 2004–05 to 2008–09.

Lord McIntosh of Haringey: The projected figures are shown in the following table:
	
		
			 Financial Year Olympic Lottery Games Introduced £bn No Olympic Lottery Games Introduced £bn 
			 2004–05 19,392 19,392 
			 2005–06 18,856 19,193 
			 2006–07 18,442 18,917 
			 2007–08 18,273 18,779 
			 2008–09 17,875 18,641 
		
	
	Notes:
	1. The figures above represent two projections, one that incorporates the possible Olympic lottery games and one which does not.
	2. Olympic lottery games would only begin in the event of a successful London bid, not before.

BBC Governors: Appointment of Chairman

Lord Baker of Dorking: asked Her Majesty's Government:
	Whether they will request the Commissioner for Public Appointments to publish the names of the selection panel chosen for the appointment process for the chair of the BBC Governors.

Lord McIntosh of Haringey: It is not our policy to give details of individual panel members. This is to avoid the risk of them being subjected to unwarranted pressure at any stage of the process. The practice has been in place since the introduction of an independent element into the process in 1996.

Equality Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they intend to introduce legislation to amend the Sex Discrimination Act 1975 along the lines of the Race Relations (Amendment) Act 2000.

Lord Sainsbury of Turville: The Government have committed themselves to introduce a duty on public bodies to promote equality of opportunity for women and men generally when parliamentary time allows. In taking this forward, the Government will be considering the experience gained with the duty to promote race equality introduced in the Race Relations (Amendment) Act (2000).

Equality Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Whether they will amend the Equal Pay Act 1970 to strengthen the right to equal pay for men and women.

Lord Sainsbury of Turville: The Government are continuing to take action to improve the way the Equal Pay Act 1970 works in practice. We are intending to amend the Equal Pay Act to remove the "no reasonable grounds" defence in Section 2A(1)(b) of the Equal Pay Act 1970 and limit the circumstances in which a tribunal could refuse to consider an equal value claim. We consulted on proposals in the consultation Equality and Diversity: The Way Ahead published in October 2002. Subject to parliamentary approval, these changes are due to come into effect on 1 October 2004, at the same time as new tribunal procedures for the complex equal value cases, on which we will be consulting shortly. These form part of a wider package of measures to speed up and simplify equal pay cases and include a number of amendments that were made to the Equal Pay Act in 2003 to introduce the equal pay questionnaire, and make changes to time limits and payment of arrears.

Pesticides

The Countess of Mar: asked Her Majesty's Government:
	In what ways the information requested from agrochemical companies on adverse human health data in the current Pesticides Safety Directorate, Questionnaire on possible effects of pesticides on human health, is additional to that already required which all approval holders have to submit on dangerous effects immediately under the Control of Pesticides Regulations, under Section 16(11) of the Food and Environmental Protection Act 1985 and under regulation 21(1) of the Plant Protection Products Regulations.

Lord Whitty: The questionnaire is aimed at ensuring that the obligations already set out under the Food and Environmental Protection Act and the Plant Protection Products Regulations are fully complied with.
	Section 16(11) of the Food and Environmental Protection Act 1985 grants Ministers general powers to require the submission of information about pesticides. In order to ensure that data on adverse health effects is obtained, all approvals granted under the Control of Pesticides Regulations 1986 (as amended) include a specific requirement that any information obtained regarding adverse health effects be submitted promptly by the approval holder to the Pesticides Safety Directorate to consider.
	In addition, regulation 14(1) of the Plant Protection Products Regulations 2003 requires that the holder of any approval granted under those regulations must immediately notify the Pesticides Safety Directorate of any information on potentially adverse effects.
	The purpose of the questionnaire is to seek reassurance that information on adverse effects is being fully reported as required.

Fallen Stock Scheme

Baroness Byford: asked Her Majesty's Government:
	When will the "state aid difficulties" being experienced in the Department for Environment, Food and Rural Affairs fallen stock scheme be resolved; and
	Whether they have sought the approval of the European Commission to the Department for Environment, Food and Rural Affairs fallen stock scheme; and whether that approval is reliant on changes being made to the original scheme.

Lord Whitty: Officials from the Department for Environment, Food and Rural Affairs discussed the scheme informally with the Commission in November 2003 in order to minimise potential difficulties with the state aid notification, following which a formal notification was submitted in January. In accordance with normal EU procedures the Commission has two months to respond to the notification. However, the Commission may request further information which will have the effect of resetting the clock. Defra officials have asked for a further meeting with the Commission to ascertain whether the Commission is broadly content with the notification, or will be seeking changes as a condition for its approval.

Fallen Stock Scheme

Baroness Byford: asked Her Majesty's Government:
	What guidance has been given to local authorities in light of the delayed start of the fallen stock scheme; and if none has been given to date, whether they plan to do so; and when they will place a copy of that guidance in the Library of the House.

Lord Whitty: Local authorities, through the LACORS website, have been made aware of the delay and the continuing request that they take a pragmatic approach to enforcement as stated in the news release issued by Defra on 24 February. In addition a letter is being sent to LACORS setting out the Government's guidance on enforcement and a copy is being placed in the Library of the House.

Rural Delivery Review

Baroness Byford: asked Her Majesty's Government:
	When they will take action on Lord Haskins's Rural Delivery Review of October 2003.

Lord Whitty: The Secretary of State for the Environment, Food and Rural Affairs intends to publish a refreshed rural strategy for England in the spring. The strategy will include a full response to the recommendations coming out of Lord Haskins's Rural Delivery Review. [clean]

Port Developments

Lord Walpole: asked Her Majesty's Government:
	What criteria they will use to determine whether there are imperative reasons of overriding public interest to support the applications for port developments at (a) Dibden Bay; (b) London Gateway (Shellhaven); (c) Bathside Bay; and (d) Felixstowe South; and what alternative solutions to development are being considered.

Lord Davies of Oldham: The cases to which the noble Lord refers are all now subject to the statutory planning approvals process. The basis on which the relevant decision is made will be clearly set out in the decision letters on the individual applications.

Irish Territorial Waters: Navigation Aids Funding

Lord Berkeley: asked Her Majesty's Government:
	How much they contribute to the cost of maintaining navigation aids in the territorial waters of the Irish Republic; and whether they have given notice to the Irish Government of a date on which such contributions will cease.

Lord Davies of Oldham: Under the Merchant Shipping Act 1995, the UK Government have a statutory responsibility to fund the Commissioners of Irish Lights, the General Lighthouse Authority that provides aids to navigation in the Republic of Ireland and in Northern Ireland. The Irish Government make a contribution to the cost of aids in the Republic but do not meet the full costs of provision. The shortfall in provision is met from the General Lighthouse Fund. In 2004–05 the UK contribution is estimated to be £7.2 million. There may be significant variations in this figure at year-end due to budget variations and fluctuations in the exchange rate.
	We acccept the Transport Select Committee's view that the Republic of Ireland should meet the full costs of provision of their aids to navigation. We remain committed to negotiating the current agreement to achieve this and will continue to work closely with the Foreign and Commonwealth Office and the Irish Government to take the matter forward.

Crossrail

Lord Oakeshott of Seagrove Bay: asked Her Majesty's Government:
	Further to the Answer by the Lord Davies of Oldham on 25 February (HL Deb, col. 231), which government department will take the lead in working out a scheme combining public and private contributions to Crossrail; and with which representatives of the private sector that department will negotiate.

Lord Davies of Oldham: My right honourable friend the Secretary of State for Transport is currently considering Adrian Montague's detailed advice on Crossrail and will publish his findings in due course.

Railways: Etruria Station Closure

Lord Berkeley: asked Her Majesty's Government:
	What is the methodological basis for the Strategic Rail Authority's calculation of £3 million per annum benefits to be gained from cutting two minutes from the journey times to the north-west as a result of closing Etruria station; and whether this calculation takes account of the values of existing and new passenger journeys, and any external benefits.

Lord Davies of Oldham: A full assessment of the closure of Etruria Station was undertaken in accordance with the Strategic Rail Authority's Investment Manual, Appraisal Guidance and Business Case Manual which reflect the requirements and guidance for appraisals issued by the Department for Transport.
	The main benefit of the station closure is the maintenance of the line speed profile for trains running through this section which can be achieved through the closure of the station and the realignment of the track. The maintenance of line speed results in significant journey time benefits to existing and new rail users of around 50 per cent of the total benefits. The remaining proportion of the total benefit relates to decongestion benefits to road users as passengers switch to rail and increased rail revenues.

A27

Lord Baker of Dorking: asked Her Majesty's Government:
	Whether they have had any contact with the Highways Agency since 4 August 2003 over problems on the A27.

Lord Davies of Oldham: The Department for Transport has been in regular contact with the Highways Agency since 4 August 2003 about the A27. Following the Secretary of State's decision last July on the recommendations arising from the South Coast Multi-modal Study, the Highways Agency has been looking at other options and is expected to report back to Ministers later in the year.